Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 39099 

1The report is available on the internet at https:// 

rosap.ntl.bts.gov/view/dot/16462. 

2These criteria may be found in 49 CFR part 391, 

APPENDIX A TO PART 391—MEDICAL 

ADVISORY CRITERIA, section D. Cardiovascular: 

§ 391.41(b)(4), paragraph 4, which is available on 

the internet at https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5- 

part391-appA.pdf. 

7. National Historic Preservation Act 

of 1966, as amended (54 U.S.C. 306108 

et seq.); 

8. Federal Highway Act of 1970 (23 

U.S.C. 109); 

9. FHWA Noise Standards, Policies, 

and Procedures (23 CFR 772); 

10. Endangered Species Act of 1973 

(16 U.S.C. 1531–1543); 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on: July 19, 2021. 

Rodney Whitfield, 

Director, Financial Services, Federal Highway 

Administration, California Division. 

[FR Doc. 2021–15705 Filed 7–22–21; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0036] 

Qualification of Drivers; Exemption 

Applications; Implantable Cardioverter 

Defibrillator (ICD) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of denial. 

SUMMARY: FMCSA announces its 

decision to deny the application from 

one individual treated with an 

Implantable Cardioverter Defibrillator 

(ICD) who requested an exemption from 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) prohibiting 

operation of a commercial motor vehicle 

(CMV) in interstate commerce by 

persons with a current clinical diagnosis 

of myocardial infarction, angina 

pectoris, coronary insufficiency, 

thrombosis, or any other cardiovascular 

disease of a variety known to be 

accompanied by syncope (transient loss 

of consciousness), dyspnea (shortness of 

breath), collapse, or congestive heart 

failure. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 

p.m., ET, Monday through Friday, 

except Federal holidays. If you have 

questions regarding viewing materials in 

the docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2021–0036, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click ‘‘Browse Comments.’’ If you 

do not have access to the internet, you 

may view the docket online by visiting 

Dockets Operations in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, between 9 

a.m. and 5 p.m., ET, Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

B. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.transportation.gov/privacy. 

II. Background 

On February 9, 2021, FMCSA 

published a Federal Register notice (86 

FR 8830) announcing receipt of an 

application from one individual treated 

with an ICD and requested comments 

from the public. The individual 

requested an exemption from 49 CFR 

391.41(b)(4) which prohibits operation 

of a CMV in interstate commerce by 

persons with a current clinical diagnosis 

of myocardial infarction, angina 

pectoris, coronary insufficiency, 

thrombosis, or any other cardiovascular 

disease of a variety known to be 

accompanied by syncope, dyspnea, 

collapse, or congestive heart failure. The 

public comment period closed on March 

11, 2021, and one comment was 

received. 

FMCSA has evaluated the eligibility 

of the applicant and concluded that 

granting an exemption would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(4). A 

summary of the applicant’s medical 

history related to the ICD exemption 

request was discussed in the February 9, 

2021, Federal Register notice and will 

not be repeated here. 

The Agency’s decision regarding this 

exemption application is based on 

information from the Cardiovascular 

Medical Advisory Criteria, an April 

2007 evidence report titled 

‘‘Cardiovascular Disease and 

Commercial Motor Vehicle Driver 

Safety,’’ 1 and a December 2014 focused 

research report titled ‘‘Implantable 

Cardioverter Defibrillators and the 

Impact of a Shock in a Patient When 

Deployed.’’ Copies of these reports are 

included in the docket. 

FMCSA has published advisory 

criteria to assist medical examiners in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce.2 The advisory criteria for 

§ 391.41(b)(4) indicates that coronary 

artery bypass surgery and pacemaker 

implantation are remedial procedures 

and thus, not medically disqualifying. 

ICDs are disqualifying due to risk of 

syncope. 

III. Discussion of Comments 

FMCSA received one comment in this 

proceeding. The comment was from a 

private citizen who did not support 

granting the exemption. The individual 

disagreed that granting an exemption for 

an ICD would ensure the safety of the 

driver and local pedestrians. 

FMCSA evaluates each ICD 

application received to determine 

whether an equivalent or greater level of 

safety can be achieved by the applicant. 

While FMCSA has received and 

carefully evaluated many ICD 

exemption application requests, thus far 

the Agency has been unable to conclude 

that granting an exemption to any of the 

applicants would achieve a level of 

safety equivalent to, or greater than, the 

level of safety maintained without an 

exemption. 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-year period if it finds 

such exemption would likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such exemption. 

The Agency’s decision regarding this 

exemption application is based on an 


khammond on DSKJM1Z7X2PROD with NOTICES
39100 Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 

1On April 8, 2021, the OCC published a 60-day 

notice for this information collection, 86 FR 18371. 

individualized assessment of the 

applicant’s medical information, 

available medical and scientific data 

concerning ICDs, and any relevant 

public comments received. 

In the case of persons with ICDs, the 

underlying condition for which the ICD 

was implanted places the individual at 

high risk for syncope or other 

unpredictable events known to result in 

gradual or sudden incapacitation. ICDs 

may discharge, which could result in 

loss of ability to safely control a CMV. 

The December 2014 focused research 

report referenced previously upholds 

the findings of the April 2007 report and 

indicates that the available scientific 

data on persons with ICDs and CMV 

driving does not support that persons 

with ICDs who operate CMVs are able 

to meet an equal or greater level of 

safety. 

IV. Conclusion 

The Agency has determined that the 

available medical and scientific 

literature and research provides 

insufficient data to enable the Agency to 

conclude that granting this exemption 

would achieve a level of safety 

equivalent to, or greater than, the level 

of safety maintained without the 

exemption. Therefore, the following 

applicant has been denied an exemption 

from the physical qualification 

standards in § 391.41(b)(4): 

Matthew Wackt (WI) 

The applicant has, prior to this notice, 

received a letter of final disposition 

regarding his exemption request. The 

decision letter fully outlined the basis 

for the denial and constitute final action 

by the Agency. The name of the 

individual published today summarizes 

the Agency’s recent denials as required 

under 49 U.S.C. 31315(b)(4). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–15739 Filed 7–22–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Requirements; Information Collection 

Renewal; Submission for OMB Review; 

Release of Non-Public OCC 

Information 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection as required by the Paperwork 

Reduction Act of 1995 (PRA). In 

accordance with the requirements of the 

PRA, the OCC may not conduct or 

sponsor, and the respondent is not 

required to respond to, an information 

collection unless it displays a currently 

valid Office of Management and Budget 

(OMB) control number. The OCC is 

soliciting comment concerning the 

renewal of its information collection 

titled, ‘‘Release of Non-Public OCC 

Information.’’ The OCC also is giving 

notice that it has submitted the 

collection to OMB for review. 

DATES: You should submit written 

comments by August 23, 2021. 

ADDRESSES: Commenters are encouraged 

to submit comments by email, if 

possible. You may submit comments by 

any of the following methods: 

• Email: prainfo@occ.treas.gov. 

• Mail: Chief Counsel’s Office, 

Attention: Comment Processing, 1557– 

0200, Office of the Comptroller of the 

Currency, 400 7th Street SW, Suite 3E– 

218, Washington, DC 20219. 

• Hand Delivery/Courier: 400 7th 

Street SW, Suite 3E–218, Washington, 

DC 20219. 

• Fax: (571) 465–4326. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘1557– 

0200’’ in your comment. In general, the 

OCC will publish comments on 

www.reginfo.gov without change, 

including any business or personal 

information provided, such as name and 

address information, email addresses, or 

phone numbers. Comments received, 

including attachments and other 

supporting materials, are part of the 

public record and subject to public 

disclosure. Do not include any 

information in your comment or 

supporting materials that you consider 

confidential or inappropriate for public 

disclosure. 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

You may review comments and other 

related materials that pertain to this 

information collection 1 following the 

close of the 30-day comment period for 

this notice by the following method: 

• Viewing Comments Electronically: 

Go to www.reginfo.gov. Click on the 

‘‘Information Collection Review’’ tab. 

Underneath the ‘‘Currently under 

Review’’ section heading, from the dropdown menu select ‘‘Department of 

Treasury’’ and then click ‘‘submit.’’ This 

information collection can be located by 

searching by OMB control number 

‘‘1557–0200’’ or ‘‘Release of Non-Public 

Information.’’ Upon finding the 

appropriate information collection, click 

on the related ‘‘ICR Reference Number.’’ 

On the next screen, select ‘‘View 

Supporting Statement and Other 

Documents’’ and then click on the link 

to any comment listed at the bottom of 

the screen. 

• For assistance in navigating 

www.reginfo.gov, please contact the 

Regulatory Information Service Center 

at (202) 482–7340. 

FOR FURTHER INFORMATION CONTACT: 

Shaquita Merritt, OCC Clearance 

Officer, (202) 649–5490, Chief Counsel’s 

Office, Office of the Comptroller of the 

Currency, 400 7th Street SW, Suite 3E– 

218, Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501–3520), Federal 

agencies must obtain approval from the 

OMB for each collection of information 

that they conduct or sponsor. 

‘‘Collection of information’’ is defined 

in 44 U.S.C. 3502(3) and 5 CFR 

1320.3(c) to include agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. The OCC 

asks that OMB extend its approval of the 

collection in this document. 

Title: Release of Non-Public OCC 

Information. 

OMB Control No.: 1557–0200. 

Abstract: The information collection 

requirements require individuals who 

are requesting non-public OCC 

information to provide the OCC with 

information regarding the legal grounds 

for the request. The release of nonpublic OCC information to a requester 

without sufficient legal grounds to 

obtain the information would inhibit 

open consultation between a bank and 

the OCC, thereby impairing the OCC’s 

supervisory and regulatory mission. The 

OCC is entitled, under statute and case 

law, to require requesters to 

demonstrate that they have sufficient 

legal grounds for the OCC to release 

non-public OCC information. The OCC 

needs to identify the requester’s legal 

grounds to determine if it should release 

the requested non-public OCC 

information. 

The information requirements in 12 

CFR part 4, subpart C, are as follows: 


khammond on DSKJM1Z7X2PROD with NOTICES